[Avodah] tfillin check

[Micha Berger via Avodah]

On Thu, Jun 08, 2017 at 01:14:30PM +0000, Rich, Joel via Avodah wrote:
: A Rav posted a shiur on the internet concerning what atonement is
: needed by one whose tfillin were pasul yet were worn for years without
: knowing this was the case. It was claimed that he thus never fulfilled
: the commandment to wear tfillin...

: Two questions:
: 1) Given that the listener had been following a (the?) recognized halacha
:    by not checking them, is atonement (or not fulfilled status)
:    appropriate?

We're discussed variants of this question before. Usually WRT whether
a person in the same situation buit with their mezuzah will get less
shemirah.

My feeling is that we allow relying on chazaqos lekhat-chilah. When
something is "only" kosher because of rov or chazaqah, we don't tell
the person they can only eat it beshe'as hadechaq. We don't worry about
the risk of timtum haleiv from something that kelapei shemaya galya was
really cheilev.

And if that is true of cheilev and timtum haleiv, why not the protection
of mezuzah or the effects of wearing tefillin?

But those with more mystical mesoros, Chassidim and Sepharadim largely,
are bound to disagree. Zev usually argues that not being enough of a risk
to be worth avoiding isn't the same as not being a risk -- and in the
case you learned the worst did come to worst -- the metaphysical outcome.

And that's when I ask about tziduq hadin.... If someone is doing
everything they're supposed to, and we're not talking about the teva
necessary to allow for human planning, then why wouldn't Hashem just give
a person as per their deeds. Why have a whole metaphysical causality if
it doesn't aid bechirah, nor Din, nor Rachamim?

....
: BTW -- why didn't the halacha mandate this in the first place? What has
: changed and what might change in the future? Would constant PET scan
: checking be appropriate?

I take this as evidence of the "Litvisher" answer. If it were really
a problem, why wouldn't halakhah reflect a greater need to check?

:-)BBii!
-Micha

-- 
Micha Berger             None of us will leave this place alive.
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Fax: (270) 514-1507            - Anonymous MD, while a Nazi prisoner